Airbnb has conquered tens of thousands of owners and tenants within ten years of existence. And the French law has adapted itself.
With the increasing flow of tourists around the world and the henceforth pejorative character of staying in hotels, the rental of rooms, studios, apartments or guest houses has exploded. In an effort to help travellers find the best offers matching their search criteria, two young Americans had the right idea of launching Airbnb in 2008, a platform that makes it easy to put in contact with homeowners enclin to rent their accommodation and travellers in search of a local. Either from private to private rental.
However, since without the rules of the game is the anarchy, a legislative framework now supervises the renting on Airbnb. In this case, how do we legally rent its housing on this platform to millions of users?
What exactly does the law say about renting on Airbnb?
According to French legislation, it is quite legal to rent its accommodation on Airbnb. This accommodation is therefore rented under the category of "travel furniture". This category mainly concerns houses, villas, apartments, studios and rooms furnished and rented to a niche clientele, a passing clientele.
However, strict rules govern this rental, depending on the type of accommodation available to passenger tenants.
Rent a main residence on Airbnb
By definition Law ALUR in 2014, a main residence is any accommodation where outside hours of professional bonds, health reasons or force majeure, the owner and his family reside at least eight months a year. In short, Airbnb’s rental of a main residence cannot exceed four months per year (120 days).
This type of rental does not require the owner to make a statement in town hall. However, a host identification number will be required in the cities of more than 200,000 inhabitants (Paris, Montpellier, Marseille, Lyon, Bordeaux, Toulouse, Nice, Lille, Nantes, Strasbourg, Rennes). No formality is required in cities of less than 200,000 inhabitants. There is no restriction on the location of the housing either. From Lille to Marseille or Rouen to Strasbourg, if you have a main residence you can rent it without exceeding 120 days.
Rent a secondary residence on Airbnb
The rental of a secondary residence is a little more complex than that of a main residence. However, it is authorized by law, according to specific rules.
Any accommodation where the owner and his or her family reside at least eight months a year is considered a secondary residence. If this sentence seems ambiguous, it is certainly because it is. This type of accommodation can be rented beyond 120 days a year, but no legislative framework does, however, set the maximum possible rental time.
However, it will be necessary to make a declaration in town hall, in order to obtain a host identification number set up by the Airbnb decree. Then, a change of use is imperative in some municipalities with more than 200,000 inhabitants.
Rent a studio or room on Airbnb
Third and final part of this point relating to the conditions under which to rent Airbnb’s accommodation, renting a studio or a bedroom. No special constraint is imposed on the rental of a room or studio in France on Airbnb if this accommodation is outside the capital Paris, or cities such as Strasbourg.
The seasonal tax return, not to forget
If the rental on Airbnb can be rewarding at all levels, it is essential not to forget to go to the caisse to bring its societal reward in relation to its seasonal activity. It is important not to forget to complete its seasonal tax return and settle the debt.
Still according to Airbnb law, a seasonal statement is not mandatory, a registration can be quite sufficient. However, in some municipalities a declaration form may be required, it will be sufficient to retrieve it online, fill it and return it to the nearest city hall. This procedure can also be performed online on the portal Public Service .
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